Obtaining a Residence Permit in Turkey in2023: Process and Benefits
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TAPU
TAPU in Turkey is a certificate of ownership of real estate. It is important to note that in Turkey, a signed sales contract alone does not confirm the transfer of ownership, and only the TAPU issued by the Turkish Cadastral Office guarantees this right.
This method of transferring ownership ensures undisputed and unhindered possession of land plots, residential and commercial real estate. No one can challenge this right in the future, even in court.
Benefits of TAPU
Extension of title to land and structures:The TAPU in Turkey secures the ownership of both the real estate and the land plot to which it is attached. This document contains the cadastral number of the plot, its area and information on ownership shares, which makes the process more transparent.
Possibility of co-ownership:Up to 10 people can be listed on the TAPU as co-owners of the property. This can include spouses, children, parents, friends and even acquaintances without age restrictions. The share of each co-owner is specified in the document.
Obtaining a residence permit:Foreign nationals with TAPU can obtain a Turkish residence permit. This is possible if the value of the property purchased is more than USD 75,000 in the metropolitan municipalities and USD 50,000 in the rest of the provinces. These rules were introduced after April 26, 2022. A family residence permit is also available for the spouse and minor children of the TAPU holder.
Pathway to Citizenship:If the value of TAPU certified real estate exceeds 400,000 USD, its owner is eligible to apply for Turkish citizenship. This is an accelerated investment citizenship program that allows you to obtain a Turkish passport in 4-6 months.
For legal entities:Acquisition of real estate in Turkey is available not only to individuals but also to legal companies according to the principle of reciprocity. Turkey observes the principle of reciprocity with 112 countries, including Russia, which makes it possible for legal entities to purchase real estate in Turkey.
TAPU in Turkey provides security of tenure and offers a number of important immigration and investment opportunities for foreign nationals.
Types of TAPU
TAPU (TAPU) in Turkey comes in two main variants:
Red TAPU:It is a certificate of ownership of real property with residential or commercial structures such as apartments, cottages, private homes or commercial premises.
Blue TAPU:This is the certificate of ownership of the land plot.
When acquiring undeveloped land, foreigners must submit a development project within two years and implement it within five years. If the deadlines are not met, the municipal authorities have the right to sell the property at auction at market value and revoke the title.
Starting from 2021, Turkey has started issuing new-style TAPU with a QR code. This is part of the phased introduction of the electronic system of TAPU registration and issuance. The new forms contain real estate identification numbers and QR codes, which contain information about the real estate and its owner.
The new TAPU forms are different from the previous ones. Information on previous owners has been removed and information on net and gross area has been added. Now information on owners and their shares in the property is also indicated.
Gross and net area
The gross floor area in apartment buildings is determined by proportionally dividing the area of the entire floor. It includes the net area of the apartment, exterior and interior walls, part of the stairwell, elevator shaft and other common areas on the floor.
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Grounds for obtaining a TAPU
The basis for obtaining TAPU is the confirmed purchase of real estate in Turkey. At the time of application, the new owner must sign a sale and purchase agreement, conduct an independent appraisal of the property's value, finalize all financial settlements with the seller and obtain a Turkish Identification Number (TIN).
The main legal regulations governing the purchase of real estate by foreign nationals are prescribed in Articles 35 and 36 of the Turkish Cadastre Law No. 2644.
Procedure for obtaining TAPU by a foreigner in Turkey
The procedure for obtaining a TAPU in Turkey requires the following steps:
Step 1: Selecting a property
The buyer chooses the property considering the restrictions for foreigners such as:
Foreigners may own no more than 10% of the area of a privately owned district (district boundaries are determined by the state).
The purchase of land plots with an area of no more than 2.5 hectares is allowed within the territory of administrative formations.
The acquisition of real estate with an aggregate area of more than 30 hectares in Turkey by foreign individuals requires the permission of the Cabinet of Ministers. The exception is real estate obtained through inheritance.
Foreigners are not allowed to buyreal estate in military closed areas and security zones.
Citizens of Russia and Ukraine cannot buyreal estate on the Black Sea coast.
The choice of property also depends on the buyer's budget and goals, whether it is to obtain citizenship or generate rental income. Istanbul offers the largest selection of properties suitable for the investment citizenship program.
Step 2: Verify and purchase the property
The buyer checks the selected property for encumbrances such as judicial seizure, liens, priority right of redemption or right of occupancy.
You should pay attention to the type of registration indicated on the TAPU. For example, “Kat İrtifakı” means preliminary registration according to the approved plan of the project under construction, while “Kat Mülkiyeti” indicates that the apartment is finally registered in the housing stock.
After checking the documents and making sure they are correct, the buyer opens an account in a Turkish bank, signs the sales contract, pays for the purchase and receives a Turkish Identification Number (TIN).
Step 3: Conduct a real estate appraisal
In order to obtain a certificate of title to real estate in Turkey, an appraisal of the market value of the property is required, following international standards. This procedure is performed in order to protect the interests of investors, so that they can know the real value of the property and avoid possible fraudulent schemes.
The TAPU certificate indicates the value determined by an appraisal, known as the cadastral value. Even if the actual transaction price is higher than this valuation, this can be beneficial to the owner, as taxes and fees for the TAPU certificate are calculated based on the cadastral value.
In the case of new buildings in Istanbul, the real price of apartments and the cadastral value almost always coincide. However, in other coastal areas such as Alanya or Antalya, the cadastral value is usually much lower than the market value.
If an investor plans to apply for Turkish citizenship through investment and wants to avoid significantly exceeding the limits, he should consider properties in regions where the cadastral value is close to the real market price, such as Istanbul.
Note: Emirhan Kırkıncıoğlu, Turkish real estate expert.
Step 4: Real estate insurance
To obtain a TAPU, you must also purchase a mandatory insurance policy against damage after earthquakes and other natural disasters, known as DASK. The cost of such insurance depends on various factors such as the size of the property, the type of structure and the seismic activity in the area. For example, insurance for a new 100 square meter apartment in Istanbul will cost around €18 per year, while in areas with lower seismic activity, such as Alanya, the cost will be around €7 per year.
Note: Such insurances are compulsory to comply with Turkish law and provide real estate protection.
Step 5: Submitting an application for issuance of TAPU
In order to apply for TAPU in Turkey, Russian citizens need to provide the following documents:
A passport, with a valid expiration date that does not expire earlier than six months from the date of application.
2 photos measuring 3x4 cm.
Turkish TIN (Taxpayer Identification Number).
Turkish bank account information.
Real Estate Appraisal Report.
DASK Insurance.
Power of attorney for a legal representative if the owner is unable to attend in person.
The application for the Real Estate Title Certificate can be submitted in person or through an authorized person at the Cadastral Office of Turkey. After receiving the documents from the office, an SMS notification will be sent to the applicant with an appointed date for signing the documents.
Step 6: Pay state duties and taxes
After accepting the documents, it is necessary to pay the ownership transfer tax, which is 2-4% of the cadastral value of the real estate. It is also required to pay the state fee for the execution of documents and the services of a state interpreter, which amount to about 200 euros.
Step 7: Sign the receipt documents
On the set date, the buyer and the seller (or their authorized representatives) come to the Cadastral Office at the location of the property. If any of the parties to the transaction do not speak Turkish, a government interpreter must be present at the meeting.
At the meeting, the buyer and the seller declare that they have no claims against each other, after which the data on the new owner is entered into the state real estate registration book. The buyer becomes the full owner of the property.
The TAPU will be ready in a few days. On average, the processing takes up to three weeks.
Total cost of obtaining a TAPU
The total cost of obtaining a TAPU in Turkey consists of several key components:
Ownership transfer tax, which is 2-4% of the cadastral value of the property.
State duty for the execution of documents and the services of a state interpreter for the transaction, which approaches the amount of about 200 euros.
Filling in the TAPU document
The new-format TAPU is divided into four main parts:
Part 1 - Location and address information:
İli - province / region;
İlçe - neighborhood;
Mahallesi / Köy - quarter, settlement;
Ada No and Parsel No are the plot number;
Yüz Ölçümü - land area;
Niteliği - type of property (characteristics);
Fotoğraf is the owner's photo.
Part 2 - Real Estate Information:
Niteliği is a type of real estate;
Blok No - Çiriş - Kat No - block number, entrance and floor;
Arsa Payi - owner's share;
Bağımsız Bölüm No - number of independent object (apartment, office, etc.);
Proje m² - the area of the object;
Cilt / Sayfa No - page and record number.
Part 3 - Owner Information:
Adı Soyadı / Baba Adı - name(s) of the owner;
Hissesi - ownership interest.
Part 4 - Information from the Real Estate Registry Office of Turkey:
Taşınmaz Tipi / No - property type and number;
Konum Bilgisi - location information;
Edinme Nedeni - form of ownership (purchase, inheritance or gift);
Tescil Tarihi / Yevmiye No - date and number of registration;
İşlem Bedeli - real estate value.
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